S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                   280
                       2011-2012 Regular Sessions
                          I N  A S S E M B L Y
                               (PREFILED)
                             January 5, 2011
                               ___________
Introduced by M. of A. MONTESANO, BARCLAY, RAIA, SALADINO -- Multi-Spon-
  sored  by -- M. of A.  McKEVITT, MOLINARO -- read once and referred to
  the Committee on Housing
AN ACT to amend the private housing finance law  and  the  tax  law,  in
  relation to granting tax credit to business firms for contributions of
  real property made to not-for-profit housing companies
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. The private housing finance law is amended by adding a  new
section 1134 to read as follows:
  S  1134. AFFORDABLE HOUSING ASSISTANCE PROGRAM. 1. (A) AS USED IN THIS
SECTION, THE TERM "BUSINESS FIRM" SHALL MEAN ANY BUSINESS ENTITY AUTHOR-
IZED TO DO BUSINESS IN THE STATE OF NEW YORK AND WHICH IS SUBJECT TO THE
CORPORATION FRANCHISE TAX IMPOSED UNDER ARTICLE NINE-A OF THE  TAX  LAW,
OR  ANY  BANKING CORPORATION WHICH IS SUBJECT TO THE FRANCHISE TAX UNDER
ARTICLE THIRTY-TWO OF THE TAX LAW, OR ANY INSURANCE CORPORATION WHICH IS
SUBJECT TO THE FRANCHISE TAX UNDER ARTICLE THIRTY-THREE OF THE TAX LAW.
  (B) AS USED IN THIS SECTION, THE TERM "LOW AND MODERATE INCOME PERSONS
OR FAMILIES" SHALL MEAN THOSE PERSONS OR FAMILIES FOR WHOM THERE ARE  NO
OTHER REASONABLE AND AFFORDABLE HOMEOWNERSHIP, RENTAL, REHABILITATION OR
HOME  IMPROVEMENT  ALTERNATIVES,  AS  THE  CASE  MAY  BE, IN THE PRIVATE
MARKET.
  2. THE COMMISSIONER OF TAXATION  AND  FINANCE  SHALL  GRANT  A  CREDIT
AGAINST  ANY TAX DUE UNDER THE PROVISIONS OF ARTICLES NINE-A, THIRTY-TWO
AND THIRTY-THREE OF THE TAX LAW IN AN AMOUNT EQUAL TO THE AMOUNT  SPECI-
FIED  BY  THE  COMMISSIONER  OF HOUSING AND COMMUNITY RENEWAL IN ANY TAX
CREDIT VOUCHER ISSUED BY SUCH  COMMISSIONER  OF  HOUSING  AND  COMMUNITY
RENEWAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  3. THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL ESTABLISH A
SYSTEM OF TAX CREDIT VOUCHERS FOR BUSINESS FIRMS MAKING CONTRIBUTIONS OF
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              
             
                          
                                                                           LBD02299-01-1
A. 280                              2
REAL  PROPERTY  TO ANY NOT-FOR-PROFIT NEIGHBORHOOD PRESERVATION COMPANY,
RURAL PRESERVATION COMPANY, OR HOUSING  DEVELOPMENT  FUND  COMPANY  THAT
DEVELOPS, SPONSORS OR MANAGES ANY HOUSING PROJECT OR PROGRAM WHICH BENE-
FITS  LOW  AND MODERATE INCOME PERSONS OR FAMILIES. SUCH VOUCHERS MAY BE
USED AS A CREDIT AGAINST ANY OF THE TAXES TO WHICH SUCH BUSINESS FIRM IS
SUBJECT AND WHICH ARE ENUMERATED IN SUBDIVISION TWO OF THIS SECTION. THE
AMOUNT OF THE TAX CREDIT VOUCHER SHALL EQUAL ONE-HALF THE AMOUNT OF  THE
FAIR MARKET VALUE OF THE REAL PROPERTY.
  4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PREVENT TWO OR MORE
BUSINESS FIRMS FROM PARTICIPATING JOINTLY IN ONE OR MORE PROGRAMS  UNDER
THE PROVISIONS OF THIS SECTION.
  5.  THE  SUM  OF ALL TAX CREDITS GRANTED PURSUANT TO THE PROVISIONS OF
THIS SECTION SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS ANNUAL-
LY PER BUSINESS FIRM.
  6. NO TAX CREDIT SHALL BE GRANTED TO ANY BANK, BANK AND TRUST COMPANY,
INSURANCE COMPANY, TRUST COMPANY, NATIONAL BANK, SAVINGS ASSOCIATION, OR
BUILDING AND LOAN ASSOCIATION OR ANY OTHER BUSINESS  ENTITY  FOR  ACTIV-
ITIES THAT ARE A PART OF ITS ORDINARY COURSE OF BUSINESS.
  7. ANY TAX CREDIT NOT USED DURING THE PERIOD WITHIN WHICH THE CONTRIB-
UTION  WAS  MADE  MAY BE CARRIED FORWARD OR BACKWARD FOR THE FIVE, IMME-
DIATELY SUCCEEDING OR PRECEDING, CALENDAR OR FISCAL YEARS UNTIL THE FULL
CREDIT HAS BEEN ALLOWED.
  8. IN NO EVENT SHALL THE TOTAL AMOUNT OF THE TAX  CREDITS  ALLOWED  TO
BUSINESS  FIRMS, PURSUANT TO THE PROVISIONS OF THIS SECTION, EXCEED FIVE
MILLION DOLLARS IN ANY ONE FISCAL YEAR.
  9. NO NEIGHBORHOOD PRESERVATION COMPANY, RURAL  PRESERVATION  COMPANY,
OR  HOUSING  DEVELOPMENT  FUND  COMPANY, CONDUCTING A HOUSING PROGRAM OR
PROJECT ELIGIBLE FOR FUNDING, WITH RESPECT TO WHICH TAX CREDITS  MAY  BE
ALLOWED  UNDER  THIS  SECTION, SHALL BE ALLOWED TO RECEIVE REAL PROPERTY
WITH AN AGGREGATE VALUE IN EXCESS OF FIVE HUNDRED THOUSAND  DOLLARS  FOR
ANY FISCAL YEAR.
  10.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A BUSINESS
FIRM FROM MAKING ANY CONTRIBUTION TO A HOUSING  PROGRAM  OR  PROJECT  TO
WHICH  TAX  CREDITS MAY BE APPLIED, WHICH CONTRIBUTION MAY RESULT IN THE
BUSINESS FIRM HAVING  A  LIMITED  EQUITY  INTEREST  IN  THE  PROGRAM  OR
PROJECT.
  11.  THE  COMMISSIONER  OF  HOUSING  AND  COMMUNITY  RENEWAL, WITH THE
APPROVAL OF THE COMMISSIONER OF TAXATION AND FINANCE, SHALL ADOPT  REGU-
LATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  2. Section 606 of the tax law is amended by adding a new subsection
(ss) to read as follows:
  (SS) CREDIT  FOR  CONTRIBUTIONS  OF  REAL  PROPERTY  MADE  TO  CERTAIN
NOT-FOR-PROFIT  HOUSING  COMPANIES. A TAXPAYER SHALL BE ALLOWED A CREDIT
AGAINST THE TAX IMPOSED BY ARTICLES NINE-A, THIRTY-TWO AND  THIRTY-THREE
OF  THIS  CHAPTER  PURSUANT  TO THE PROVISIONS OF SECTION ELEVEN HUNDRED
THIRTY-FOUR OF THE PRIVATE HOUSING FINANCE LAW.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.